Victorian Consolidated Regulations

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Examination other than by court under section 318(2)

    (1)     If the Court of Appeal orders the examination of a witness to be conducted otherwise than by the Court under section 318(2) of the Act, the order shall specify—

        (a)     the person appointed as examiner; and

        (b)     the witnesses to be examined.

    (2)     The Registrar shall give the examiner any documents, exhibits and other material relating to the appeal which the examiner requests.

    (3)     The examiner shall—

        (a)     appoint the day, time and place for the examination; and

        (b)     request the Registrar to give notice in Form 6–2P to—

              (i)     the appellant;

              (ii)     the respondent;

              (iii)     their legal practitioners; and

              (iv)     if the appellant is in custody, the governor of the prison.

    (4)     A notice sent by the Registrar under paragraph (3) shall be taken to be an order of the Court.

    (5)     The examiner shall administer the oath before taking evidence from any witness except where the witness would not need to be sworn if giving evidence on a trial on indictment.

    (6)     Unless the Court otherwise orders, any examination under this Rule shall be in private and depositions shall be taken.

    (7)     After an examination is completed the examiner shall send or cause to be sent to the Registrar the depositions and all documents, exhibits and other material provided by the Registrar.

    (8)     The appellant and respondent and their legal representatives shall be entitled to be present and to take part in the examination.

    (9)     A police officer, if of the opinion that it is necessary, may pay travelling expenses to a witness upon whom the police officer serves—

        (a)     an order to appear before the Court of Appeal; or

        (b)     a notice to attend before an examiner.

    (10)     Travelling expenses paid by a police officer shall be certified by the officer to the Registrar who shall certify the sum paid as part of the expenses of the prosecution.

    (11)     Any order or notice required by this Rule to be served shall be served personally unless the Court otherwise orders.

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